It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion seeking summary judgment dismissing the Labor Law § 241 (6) claim insofar as it is based upon the alleged violation of 12 NYCRR 23-1.5 (a) and dismissing that claim to that extent and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for injuries...
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